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How Do Estate Plans and Trusts Work?

Estate Planning For Life's Stages

In this article, we will address two terms which some people use interchangeably, but which are very different things: living trusts and estate plans.

Understanding Estate Plans and Trusts: Securing Your Legacy

Planning for the future and the preservation of your assets is a crucial step that everyone should take. When it comes to estate planning, there are various terms and concepts that can be confusing. Two commonly misunderstood terms are estate plans and trusts. In this blog post, we will demystify these terms, explain how each works, and guide you toward making informed decisions to protect your legacy.


What is an Estate Plan?

An estate plan is a comprehensive strategy designed to manage and distribute your assets after your passing. It involves a series of legal documents that outline your wishes and provide instructions for how your assets should be handled, who should inherit them, and how any outstanding debts or taxes should be settled.

Key Components of an Estate Plan

  • Will: A will is a legal document that details how your assets should be distributed upon your death. It also allows you to appoint guardians for any minor children and specify your preferences for funeral arrangements.
  • Power of Attorney: This document designates a trusted individual to make financial and legal decisions on your behalf in case you become incapacitated or unable to manage your affairs.
  • Healthcare Proxy: A healthcare proxy, also known as a medical power of attorney, appoints someone to make medical decisions for you when you are unable to do so.
  • Living Will: A living will expresses your preferences for medical treatments and end-of-life care, ensuring that your wishes are respected.


Understanding Trusts

A trust, on the other hand, is a legal arrangement that allows you to transfer assets to a trustee who manages and distributes them to beneficiaries according to your instructions. Trusts can be established during your lifetime (living trusts) or created through your will (testamentary trusts) and can serve various purposes.

Living Trusts

A living trust, also known as a revocable trust, is created while you are alive and can be altered or revoked at any time. With a living trust, you can transfer assets into the trust’s ownership and name yourself as the initial trustee, retaining control over your assets. In the event of your incapacity or passing, a successor trustee takes over the management and distribution of assets as outlined in the trust document, bypassing the need for probate.

Benefits of a Living Trust

  • Privacy: Unlike wills, living trusts remain private documents, shielding your asset distribution details from public scrutiny.
  • Probate Avoidance: Assets held within a living trust are not subject to the probate process, allowing for quicker and more efficient asset distribution to beneficiaries.
  • Incapacity Planning: Living trusts include provisions for managing your assets in the event of your incapacity, ensuring uninterrupted management and protection of your financial affairs.


Speak with Ozarks Legacy Law Today

Estate planning and the decision to establish a trust can significantly impact the security and transfer of your assets. To create a tailored estate plan and determine if a living trust is suitable for your situation, it is wise to consult with experienced estate planning attorneys.

At Ozarks Legacy Law, our dedicated team of attorneys specializes in estate planning and can provide the guidance and expertise you need. We understand the unique challenges and complexities of preserving your legacy, and we are committed to helping you achieve your goals.

Take control of your future and protect what matters most. Contact Ozarks Legacy Law today to schedule a consultation with one of our attorneys. Let us assist you in creating an estate plan that reflects your wishes and safeguards your loved ones’ financial well-being.